What is Trespassing in Florida?

In Florida, there are several different types of trespassing: you can trespass in a structure or conveyance (i.e. a vehicle); you can trespass by refusing to leave a location; or you can trespass on someone's property.

 

Trespassing in a Structure or Conveyance is a second degree misdemeanor. In addition to fines, court costs, and other requirements, you can receive a 60 day county jail sentence. However, if another person is in the structure or conveyance at the time of the trespassing, it is a first degree misdemeanor. In addition to fines, court costs, and other requirements, you can receive 1 year in county jail.

If you are armed, or become armed, with a firearm or other dangerous weapon, the crime is elevated to a third degree felony - meaning you can be sentenced up to 5 years in state prison.

 

To prove the crime of Trespass in a Structure or Conveyance, the State must prove the following three elements beyond a reasonable doubt:

 

  1. The Defendant willfully entered or remained in a structure or conveyance.

  2. The structure or conveyance was in the lawful possession of another person.

  3. The Defendant’s entering or remaining in the structure or conveyance was without authorization, license, or invitation by any other person authorized to give that permission. 

To prove the crime of Trespass in a Structure or Conveyance after a warning to depart, the State must prove the following three elements beyond a reasonable doubt: 

  1. The Defendant had been authorized, licensed, or invited to enter or remain in a structure or conveyance.

  2. The owner/lessee, or person authorized by the owner/lessee of the premises warned the Defendant to depart.

  3. The Defendant refused to depart.

 

Trespassing on Property other than a Structure or Conveyance is a first degree misdemeanor. In addition to fines, court costs, and other requirements, you can receive 1 year in county jail.

If you are armed, or become armed, with a firearm or other dangerous weapon, the crime is elevated to a third degree felony - meaning you can be sentenced up to 5 years in state prison.

To prove the crime of Trespass on Property other than a Structure or Conveyance, the State must prove the following four elements beyond a reasonable doubt:

  1. The Defendant willfully entered upon or remained in property other than a structure or conveyance.

  2. The property was owned by or in the lawful possession of another.

  3.  a. Notice not to enter upon or remain in that property had been given by actual communication to the defendant or by posting, fencing, or cultivation of the property; or b. The property was the unenclosed curtilage of a dwelling and the Defendant entered or remained with the intent to commit a crime thereon other than trespass.

  4. The Defendant’s entering upon or remaining in the property was without authorization, license, or invitation from the victim or any other person authorized to give that permission.

If you are a loved one has been charged with this serious crime, please contact us today for a free consultation!